Let go after 3 years on work comp

[buzzard63]

Hi all, i am have a very bad day, and need some imput.
I was injured on the job almost 3 years ago to the day. I work for a Government contractor of TSA. I injured my knee and have had 5 surgeries on it since then, and still unable to return back to work. I recieved a phone call from the employer aasking me to bring in my uniforms, so i talked to my work comp attorney and he said to go ahead and do it. So i did. i ask the HR person at work if this meant i was terminated and she informed me no, but that i was being placed on inactive employment status and that all my senority would remain in effect when i do finally get back to work. Well the other day i recieved a letter from the head office stating that my 401k was being terminated so i called them. in toaling to them i find out that the HR had terminated me that day. I recieved another letter today about my termination. I have not signed anything that i quit my job. matter of fact when i turned my items in it was written on the turn in paper that i would be reissued the items when i returned back to work. I had been release back to work during the surgury times for light duty but the company told me that the only way i could return abck to work at anytime is if i was released to full active duty.

I guess my questions are. How are they allowed to fire someone who is on TTD?
Is there a limit to how long you can be off from work for an injury?
What are my rights as being an injured party beside the regular work comp things?
And is there any laws that forbid them from terminating me during this time?

thanks

[1171]

1. yes once your 12 weeks of FMLA job protection is exhausted.
http://www.dol.gov/esa/whd/fmla/
2. no.
3. check out the Americans with Disabilities ACT. ADA law prohibits employers from requiring full work release; they have to discuss reasonable accommodation.
http://www.ada.gov/

P.S. talk to your union rep about the terms of your employment contract.

[inpainokla]

wow buzzard sorry to hear things arent workin out for you all i can say is be strong and try to hang in there and welcome to the best place on earth for work comp info friends and support

[inpainokla]

what state are you in buzz??

[buzzard63]

I live in Kansas City MO

[jayne]

ahhhhhhh bummer knees and bodybuilder are both from that state you might want to PM then for questions and support

[1171]

i suspect buzz is covered by federal employees comp not state.

[Lilly]

Hi Buzz, Welcome to the forum!

It is not uncommon to loose one's job while on WC after your 12 weeks of FMLA it up. Most of us have been there, done that. But please ck out 1171's provided links....as you are a different critter than most of us since you work for the Government. I for one was not relieved of my duties until after I was deemed MMI (@ 1-1/2 years after the 3rd surgery). But this was our companies policy.
Good luck to you! Don't feel so alone , we are all here for ya!

Lilly

[inpainokla]

see thats what i dont understand i dont know if i am fired let go or what the last thing i heard from my employer after surgery was were not taking you back with restrictions so dont call us until then..but scince the they have underwent major changes as far as management so..